Lawstreet Journal

Withdrawal from case on party’s request allows cherry-picking of bench of choice: Madras HC

Lawstreet Journal 5 Aug 2020 7:21pm

Image courtesy: Lawstreet Journal Judiciary Withdrawal from case on party’s request allows cherry-picking of bench of choice: Madras HC

Justice B. Pugalendhi of the Madras High Court, on Monday (3rd August 2020), observed that withdrawing from a case merely on a party’s request allows parties to cherry-pick bench of their choice.

The Single Bench while hearing appeals against the acquittal of the management of certain granite firms (in connection with their accusation for illegal quarrying of granite in Madurai worth crores of rupees) noted that if the Judge entertains the plea of the respondents-accused, the act, in the mind of the Court is a breach of the solemn responsibility which the Constitution has vested upon the Court, apart from deviating the roster allotted by the Chief Justice of Madras HC as well as the Administrative order of the Administrative Judge of the Madurai Bench of Madras HC.

The Bench turned down the request for recusal, relying heavily on the recent instances where Supreme Court judges have come down heavily on similar attempts by parties before them. The then Chief Justice Ranjan Gogoi in a PIL regarding the plight of inmates in Assam's detention centers (2019), in the Judge Loya case, when the petitioners sought the recusal of Justices A.M. Khanwilkar and Justice D.Y. Chandrachud from the Bench, stating that they both hailed from the Bombay High Court, and, in the Land Acquisition case, where Justice Arun Mishra was asked to recuse for having dealt with the matter earlier (2019).

The Counsel appearing for M/s PRP Exports and PRP Granites informed the Bench of instructions from his clients that Justice Pugalendhi has already… Continue Reading...

Tagged: Madras High Court  
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